Bijay Meher Vs State Of Odisha

R.K. Pattanaik, J

Heard Ms. Sahoo, learned counsel for the petitioner and Mr. Patra, learned ASC for the State.

Instant petition under Section 439 of Cr.P.C. is filed for release of the petitioner on bail in connection with T.R. Case No.156 of 2023 pending in the file of learned Sessions Judge-cum-Judge (Special Court), Sambalpur corresponding to Dhanupali P.S. Case No.330 of 2023 on the grounds sated therein.

In course of hearing, learned counsel for the petitioner draws attention of the Court with regard to release of some of the accused persons involved in the alleged incident and claims for release of the petitioner on the ground that he is similarly situated and stands implicated on the basis of confessional statement of one of the co-accused, namely, Trinath Behera, which is objected to by Mr. Patra, learned ASC for the State on the ground that large quantity of contraband cough syrup bottles have been recovered and shown to have been seized.

Gone through the order dated 18th December, 2023 passed in BLAPL No. 13529 of 2023 as at Flag-A.

Perused the contents of the F.I.R. i.e. Annexure-1. On a reading of rejection order i.e. Annexure-2, the Court finds that the petitioner is having criminal antecedents, however, in respect of some of the co-accused persons having similar antecedents, they have been released on bail subject to stringent conditions.

It is not known whether the investigation is concluded in the meantime. As it appears, the incident was detected in the month of October, 2023. Under the impression that the investigation has in the meantime progressed to a considerable extent, notwithstanding the petitioner having criminal antecedents but being a local and there is a remote chance of his abscondance from the limits of the local P.S, the Court is inclined to release him on bail on similar terms and conditions as imposed on others.

Accordingly, it is ordered.

In the result, the petition under Section 439 Cr.P.C. stands allowed. Consequently, the petitioner is directed to be released on bail in connection with T.R. Case No.156 of 2023 corresponding to Dhanupali P.S. Case No.330 of 2023 subject to him furnishing a bail bond of Rs.30,000/-(rupees thirty thousand) with one solvent surety for the like amount to the satisfaction of the learned Sessions Judge-cum-Judge (Special Court), Sambalpur, who shall have the liberty to impose such other suitable conditions as deemed just and proper in the facts and circumstances of the case.

The BLAPL is accordingly disposed of.

Urgent certified copy of this order be granted as per rules.

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